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<br />
<br /> WHEREAS, CCC has claimed that it has vested rights in the
<br />continuation of its present franchise until December 31, 1993, and
<br />that award of an exclusive County-wide franchise to BFI commencing
<br />January 1, 1993 will otherwise violate CCCts rights, and that the
<br />Ordinance is unconstitutional: and
<br /> WHEREAS, County contends that it has not legally wronged CCC,
<br />that it may lawfully award an exclusive County-wide franchise to BFI
<br />as of January 1, 1993, and that the Ordinance is constitutional; and
<br /> WHEREAS, CCC and the County wish to compromise the matters in
<br />controversy between them; and
<br /> WHEREAS, the County has concluded that the compromise settlement
<br />effected by this Agreement and Release is within its power, is a
<br />proper exercise of its discretion, and is in the best interest of
<br />the citizens of the County --
<br /> NOW, THEREFORE, IT IS AGREED by and between the parties as
<br />follows:
<br /> 1. CCCfs present franchise is extended six (6) months, through
<br />June 30, 1993, upon the same terms and conditions presently
<br />obtaining;
<br /> 2. CCC releases the County from all damages, actions, causes
<br />of action and claims which CCC may now have against the County,
<br />pertaining in any way to the Countyts administration of CCC's
<br />residential solid waste collection franchise to date or the
<br />lawfulness or constitutionality of the Ordinance; and CCC releases
<br />the County, BFI, and Browning-Ferris Industries, Inc., from all
<br />damages, actions, causes of action and claims whatsoever arising
<br />from or relating to the award of the three-year exclusive franchise
<br />for residential solid waste collection beginning upon or after
<br />expiration of CCCfs franchise (as extended pursuant to Paragraph 1
<br />above); and CCC releases the County, BFI and Browning-Ferris
<br />Industries, Inc. from any and all damages, claims, actions, and
<br />causes of action whatsoever arising from or relating to the
<br />validity, enforceability or constitutionality of said three-year
<br />exclusive franchise.
<br /> 3. CCC specifically acknowledges that BFI and Browning-Ferris
<br />Industries, Inc. are intended third-party beneficiaries of this
<br />release, entitled to enforce it as if they were parties hereto, and
<br />that the voluntary consent of BFI to delaying the initial date of
<br />the three-year exclusive residential solid waste collection
<br />franchise to permit the six-month extension of CCC~s existing
<br />franchise is good and valuable consideration to CCC for this
<br />release.
<br /> 4. CCC will not solicit, induce, assist, finance or otherwise
<br />encourage any other waste collector, landfill, or other entity to
<br />assert any claims or causes of action which CCC has released
<br />pursuant to this agreement.
<br /> 5. Each party has consulted legal counsel before executing
<br />this Agreement and Release, and this Agreement and Release is the
<br />entire agreement between the parties.
<br />
<br />WITNESS OUR HANDS, this the 6th day of November, 1992.
<br />
<br />ATTEST:
<br />
<br />Frankie F. Bonds
<br />Clerk of the Board
<br />
<br />APPROVED AS TO FORM:
<br />
<br />Fletcher L. Hartsell, Jr.
<br />
<br />CABARRUS COUNTY, NORTH CAROLINA
<br />By:
<br />
<br />Carolyn B. Carpenter,
<br />Chairperson of its Board of
<br />Commissioners
<br />
<br />ATTEST:
<br />
<br />CONTAINER CORPORATION OF CAROLINA
<br />By:
<br />
<br />Brian A. O'Leary, President
<br />
<br />Corporate Secretary
<br />
<br />
<br />
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